News & Analysis as of

Americans with Disabilities Act (ADA) Service Animals

Bricker Graydon LLP

“Can I Bring My Dog to Work?”: Service Animals vs. Emotional Support Animals

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Dogs seem to be everywhere you go these days: whether it’s an outdoor restaurant, the hardware store, or your local brewery. While many may wish it were true, employers are not obligated to allow employees to bring an...more

Whitman Legal Solutions, LLC

Navigating Pet Fees, Rent, and Restrictions

Owners Survey, about 70% of U.S. households own pets, up from 67% in the 2019-20 survey. As pet ownership increases, apartment dwellers may face the challenges of finding pet-friendly housing. Apartment leases often come...more

Dentons

Bite with no Bark: Eighth Circuit Recognizes Limitations on Certain ADA Accommodations

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In attempting to assess the complicated balance between an individual employee’s need for a service animal and the requirements of clients, customers, patients, and the workplace as a whole, the Eighth Circuit has weighed in...more

Husch Blackwell LLP

8th Circuit Decision Roundup – June 2024

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The Eighth Circuit Court of Appeals has issued several significant decisions that employers doing business in Minnesota should be aware of. Here are a few highlights of recent Eight Circuit Decisions that have addressed...more

Seyfarth Shaw LLP

Court Holds “Bully Breed” Dog That Identifies Onset of Panic Attack is a Service Animal

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A Puerto Rico federal court holding reminds us that an animal that performs work or tasks for a person with a psychiatric disability – such as identifying the onset of a panic attack and taking action to mitigate its effect –...more

Chartwell Law

Tennessee Law Distinguishes ESAs from Service Animals in Restaurants

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Tennessee restaurant owners have likely experienced patrons bringing emotional support animals (ESAs) into their restaurants. Those owners have also likely wondered what restrictions exist under current law on allowing ESAs...more

Adams and Reese LLP

Service Animals in the Office? Here’s How Employers Should Handle Accommodation Requests

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The concept of service animals in the workplace has been around for quite some time, but many managers, especially those at smaller companies, may not have yet had to address it. With regard to employees, you can treat a...more

Parker Poe Adams & Bernstein LLP

Can Miniature Horses Be in the Workplace?

Recently, we discussed whether a miniature horse qualified as a service animal allowed to enter public accommodations under Title III of the Americans with Disabilities Act. The answer is yes, but what does that mean for...more

Parker Poe Adams & Bernstein LLP

Are Miniature Horses Service Animals?

We have received an increasing number of questions about service animals — and most recently — an inquiry about miniature horses. While the statutory definition of "service animal" under Title III of the Americans with...more

Adams and Reese LLP

‘Pistol’ Shoots Blanks in Appeals Court Decision on Workplace Service Animal Accommodation

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...What are employer obligations when an employee asks to bring a service animal into the workplace? This is a question faced more and more by employers, and the Sixth Circuit Court of Appeals recently offered guidance,...more

Sheppard Mullin Richter & Hampton LLP

A Landlord’s Guide to Assistive Animals

With the surge of return to work policies cropping up through out the US, we have received an uptick of landlord inquiries about pets and animals in leased spaces. While it is a landlord's prerogative to prohibit pets in...more

Manatt, Phelps & Phillips, LLP

First, Sixth Circuits Affirm Dismissal of ADA Claims

Considering the termination of a high school teacher who underwent hip surgery and the refusal of a hospital to allow a nursing student’s service dog, the U.S. Court of Appeals, First and Sixth Circuits, both affirmed...more

Seyfarth Shaw LLP

Sixth Circuit Approves Hospital’s Exclusion of Nursing Student’s Service Animal

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Seyfarth Synopsis: The Sixth Circuit Court of Appeals approved state-owned hospital’s exclusion of nursing student’s service animal that posed a direct threat to patients and staff with severe allergies where no reasonable...more

Parker Poe Adams & Bernstein LLP

Ah-Choo! Co-Workers' Allergic Reaction to Service Dog in Workplace Impacts Accommodation Claim

We regularly receive questions from employers about their obligation to permit employees to bring their dogs or other service animals to work as a form of accommodation under the Americans with Disabilities Act. Employers are...more

Seyfarth Shaw LLP

No MLB Baseball for Wally The Emotional Support Gator

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Occasionally we see a story in the news that we can’t resist blogging about, and this one is no exception: Last week, an emotional support alligator named “Wally” was denied access to Citizens Bank Park in Philadelphia to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Fido, Sit... Stay... and Rollover for Your Court-Ordered ADA Inspection

In the employment context, employers are required to consider whether an employee’s Americans with Disabilities Act (ADA) request to bring a service animal or an emotional support animal (ESA) to work qualifies as a...more

Bond Schoeneck & King PLLC

A Case Worthy of Ushering in the Dog Days of Summer

As an avid, albeit misguided, reader of breaking news alerts, I am increasingly feeling like the narrator in the old Tom Petty song, “Jammin Me.” If you are like me and are feeling truly exhausted from the daily bombardment...more

Parker Poe Adams & Bernstein LLP

Eighth Circuit Says Employer Not Obligated to Allow Service Dog at Work

In recent years, the use of service dogs and other animals has expanded from assisting persons with visual impairments to others with chronic diseases or psychological disabilities. The Americans with Disabilities Act...more

Sherman & Howard L.L.C.

Failure to Tie Request for Service Dog to Job Functions Dooms ADA Claim

A recent court decision confirms the complexity of evaluating employee accommodation requests involving service dogs under the Americans with Disabilities Act (ADA). A military veteran who experienced horrific suffering while...more

Miller Nash LLP

What Colleges and Universities Need to Know about Service Animals, Emotional Support Animals, and Assistance Animals

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This is the second blog post in our new series on Assistance Animals, Service Animals, and Emotional Support Animals. See the first post here. Stay tuned in the coming weeks for blog posts addressing unique questions and...more

Bradley Arant Boult Cummings LLP

Is the Office Going to the Dogs? “Ruff” Questions on Service and Emotional Support Animals

Can you have a no pets at work policy? What if an employee has a service dog? What if it is an emotional support dog? As with all things legal (and ADA), it depends, and you should give some thought and engage in an...more

Maynard Nexsen

Emotional Support Animals as Workplace Accommodations

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As private employers push for remote workers to return to the office, they have faced an increasingly common dilemma—are emotional support animals permitted in the workplace as a reasonable accommodation for a disability?...more

Miller Nash LLP

What You Need to Know About Service Animals, Emotional Support Animals, and Assistance Animals

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In the last few years, employers, education institutions, and places of public accommodation (e.g., airports, grocery stores, and hotels) have seen an increase in individuals who want to bring their Assistance Animal, Service...more

Bradley Arant Boult Cummings LLP

No Dogs Allowed: Federal Court Rejects Service Dog Accommodation in Hospital Setting

Most of us know that when an employee or visitor to a place of public accommodation requests a reasonable accommodation, the ADA requires an interactive process to make an individualized determination. But what about a...more

McAfee & Taft

Upon re-evaluation, service dog barred from workplace

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With increasing frequency, employees ask to bring animals to work. Under some circumstances, the Americans with Disabilities Act (ADA) recognizes that the presence of a bona fide service animal in the workplace can be a...more

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